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The prosecutor's appeal is dismissed.
Reasons
1. The summary of the grounds for appeal (two years of suspended sentence for six months of imprisonment, two years of probation, and one hundred and twenty hours of community service order) declared by the court below is too unfasible and unreasonable.
2. The instant crime was committed by the Defendant’s use of violence to his wife, and thus, the nature of the crime is not good. In particular, the Defendant’s use of domestic violence without weight despite being ordered to observe the protection and observation as a family protective disposition in 2015.
On the other hand, there are favorable circumstances such as the fact that the defendant properly recognizes and reflects his mistake, that the victim does not punish the defendant by agreement with the victim, that the defendant does not have any criminal record exceeding the fine, that there is no substantial damage to the crime of property damage.
In addition, comprehensively taking account of the circumstances leading up to the instant crime, the circumstances after the instant crime, the Defendant’s age, sexual conduct, and environment, etc., the Prosecutor’s assertion is without merit, on the grounds that the sentence imposed by the lower court is too unfasible and it is not deemed unfair.
3. In conclusion, the prosecutor's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act on the grounds that the appeal is without merit. It is so decided as per Disposition.